scholarly journals As práticas abusivas em face do consumidor endividado / Abusive practices in face of the indebted consumer

Author(s):  
Luiz Mesquita de Almeida Neto

Resumo: O presente artigo estuda o tema das cláusulas gerais do Direito Civil, especialmente a boa-fé objetiva e a vedação ao abuso de direito. Como método, propõe uma abordagem indutiva, a partir da coleta de dados por meio de pesquisa bibliográfica. O objetivo é fundamentar teoricamente  o combate às práticas abusivas em face do consumidor endividado e, por outro lado, verificar quais são as principais práticas abusivas documentadas nesse contexto. O artigo propõe a hipótese, que se confirma ao final, de que o superendividamento tem alterado o preenchimento da  cláusula geral da boa-fé objetiva, com a criação de novos deveres anexos ao fornecedor na contratação do crédito, bem como modificando o conteúdo efetivo da vedação ao abuso de direito, com o reconhecimento de novas práticas abusivas em face do consumidor endividado. Abstract: The current article studies the Civil Law's general clauses theme, particularly good objective faith and abuse of rights prohibition. Like method, proposes an inductive approach, from data collect, through bibliographic research. The goal is to theoretically substantiate the combat to the abusive practices against the indebted consumer and, otherwise, verify which are the main abusive practices documented in this context. The article proposes the hypothesis, which is confirmed in the end, that Over-indebtedness has changed the fill to the good objective faith general clause, with the breeding of new attached duties to the supplier at the credit agreement, as so has modified the effective content at abuse of rights prohibition, with the acknowledgement of new abusive practices against the indebted consumer.

2019 ◽  
Vol 7 (1) ◽  
pp. 423-447 ◽  
Author(s):  
Ruth K. Ditlmann ◽  
Johannes Kopf-Beck

Germany is often cited as a paradigmatic case for an ethnic model of nationalism but in recent years introduced many civic elements into its citizenship policies. The goal of the current article is to explore how German citizens construct their national identity against this backdrop. Using an inductive approach, we asked 987 German citizens to describe what being German means for them. A latent class analysis of content-coded responses revealed four classes: a heritage-based identity class with a strong focus on language and culture (39%), an ideology-based identity class that revolves around democracy, welfare, freedom, and economy and safety (19%), a legal-formalistic identity class that is mostly concerned with the legal requirement for obtaining and holding citizenship of national identity (26%), and a trait-based identity class describing personality-traits that are supposed to be typical for Germans (16%). These findings expand upon and add nuance to the commonly used civic vs. ethnic national identity content typology.


2020 ◽  
Vol 43 ◽  
Author(s):  
Robert Mirski ◽  
Mark H. Bickhard ◽  
David Eck ◽  
Arkadiusz Gut

Abstract There are serious theoretical problems with the free-energy principle model, which are shown in the current article. We discuss the proposed model's inability to account for culturally emergent normativities, and point out the foundational issues that we claim this inability stems from.


2019 ◽  
Vol 4 (6) ◽  
pp. 1418-1422
Author(s):  
Bre Myers ◽  
J. Andrew Dundas

Purpose The primary aim of the current article is to provide a brief review of the literature regarding the effects of noise exposure on the vestibular and balance control systems. Although the deleterious effects of noise on the auditory system are widely known and continue to be an active area of research, much less is known regarding the effects of noise on the peripheral vestibular system. Audiologists with working knowledge of how both systems interact and overlap are better prepared to provide comprehensive care to more patients as assessment of both the auditory and vestibular systems has been in the audiologists' scope of practice since 1992. Method A narrative review summarizes salient findings from the archival literature. Results Temporary and permanent effects on vestibular system function have been documented in multiple studies. Hearing conservation, vestibular impairment, and fall risk reduction may be more intimately related than previously considered. Conclusions A full appreciation of both the vestibular and auditory systems is necessary to address the growing and aging noise-exposed population. More cross-system studies are needed to further define the complex relationship between the auditory and vestibular systems to improve comprehensive patient care.


2018 ◽  
Vol 23 (3) ◽  
pp. 189-205 ◽  
Author(s):  
Renatus Ziegler ◽  
Ulrich Weger

Abstract. In psychology, thinking is typically studied in terms of a range of behavioral or physiological parameters, focusing, for instance, on the mental contents or the neuronal correlates of the thinking process proper. In the current article, by contrast, we seek to complement this approach with an exploration into the experiential or inner dimensions of thinking. These are subtle and elusive and hence easily escape a mode of inquiry that focuses on externally measurable outcomes. We illustrate how a sufficiently trained introspective approach can become a radar for facets of thinking that have found hardly any recognition in the literature so far. We consider this an important complement to third-person research because these introspective observations not only allow for new insights into the nature of thinking proper but also cast other psychological phenomena in a new light, for instance, attention and the self. We outline and discuss our findings and also present a roadmap for the reader interested in studying these phenomena in detail.


2019 ◽  
Vol 35 (6) ◽  
pp. 855-867 ◽  
Author(s):  
John T. Kulas ◽  
Rachael Klahr ◽  
Lindsey Knights

Abstract. Many investigators have noted “reverse-coding” method factors when exploring response pattern structure with psychological inventory data. The current article probes for the existence of a confound in these investigations, whereby an item’s level of saturation with socially desirable content tends to covary with the item’s substantive scale keying. We first investigate its existence, demonstrating that 15 of 16 measures that have been previously implicated as exhibiting a reverse-scoring method effect can also be reasonably characterized as exhibiting a scoring key/social desirability confound. A second set of analyses targets the extent to which the confounding variable may confuse interpretation of factor analytic results and documents strong social desirability associations. The results suggest that assessment developers perhaps consider the social desirability scale value of indicators when constructing scale aggregates (and possibly scales when investigating inter-construct associations). Future investigations would ideally disentangle the confound via experimental manipulation.


2015 ◽  
Vol 20 (1) ◽  
pp. 62-71 ◽  
Author(s):  
Carolien Martijn ◽  
Jessica M. Alleva ◽  
Anita Jansen

Feelings of body dissatisfaction are common in Western society, especially in women and girls. More than innocent discontent, body dissatisfaction can have serious consequences such as depression and eating disorders. The current article discusses the nature of body dissatisfaction, how it develops and how it is currently being treated. We also discuss novel strategies to increase body satisfaction that work on the automatic system (e.g., by retraining attentional and conditioning processes), since recent research suggests that appearance-related information is processed automatically. We suggest that extant methods should be combined with these novel strategies, in order to optimally improve body dissatisfaction and to prevent its detrimental consequences.


Author(s):  
Carmen García-Alba

This study is part of a larger research study (doctoral dissertation), in which a comparative study with adolescent samples is done: 50 anorexic restricting patients (ANP), 50 patients diagnosed with depression (DP) and 50 non patients (NP). The proposed objective is two-fold: 1) To try to clarify the existing relationship between Anorexia (AN) and Depression (D), investigated from diverse disciplines but without conclusive results. 2) To detect in the ANP personality different traits from those of other groups, which should, if possible, allow to detect them at an early stage for an adequate prognosis. The current article presents the Rorschach findings in relation to the cognitive functioning of the ANP. In them, the following has been detected: (1) An information processing similar to that of the other groups, even with a more complete (L ≤ .99), more complex (DQ+↑) and better discriminated (Zd↑) grasp of the stimulus; (2) Mediating processes very similar to those of the other groups, sharing with them the perceptive maladjustments (X–%↑) and an excessive individualism (Xu%↑); (3) A clearly differentiating ideation disorder. Definitely, the ANP use predominantly ideation (M↑), but their thought, usually well-adjusted (MQo↑), presents eventual operations of delusional type (MQnone↑). Above that, their thinking is marked by a great passivity (Mp↑), which makes them more vulnerable to accept ideas without criticizing them and it results in a very inefficient thinking, which spins around these concepts without finding solutions, entering into a sort of ruminating which is completely unproductive. The differences toward the obsessive pathology are established. The discriminant analysis conducted with all the Rorschach variables that resulted as significant throughout the research, provides quite a consistent function which discriminates the ANP: MQnone↑, Mp↑, FD↓, Ma↑, MQo↑, AdjD↑, Sum H↑, (H)↑. Based on this we can understand that these adolescents, being in a developmental period of big changes and disorientations in relation with their own image, confronted with life events, and possibly starting off with some biologic vulnerability: (1) Due to the alterations of their ideation, accept without criticism (Mp) irrational ideas dominating in our culture, in which slimness appears as the only model, synthesis of intelligence, beauty and success; remaining captured in this type of mental activity (MQnone), which they cannot escape nor criticize (Mp), despite they reason adequately on other topics (MQo); (2) Their alterations of self-perception [(H)] make them hide themselves in a fantasized image, which is the axis of their interests and the only thing that really matters to them; (3) The resources they have to decide on behaviors and to finish these deliberately (AdjD), and their scarce tendency to the introspection (FD) lead to their decision of not eating, based on distorted and passively accepted thinking, which has great power and thus, so difficult to modify. Finally, based on the Rorschach data obtained, the hypothesis of a personality disorder as underlying pathology is pointed out.


2018 ◽  
Vol 1 (4) ◽  
Author(s):  
Ninik Meiyudianti

Obligation of creditor in making report for nullification of debt in fiduciary registration office to delete the record of fiduciary object is known as liability omission (Roya). Liability omission can be done when debtor paying off all debts that is possessed to the creditor.  When liability omission (roya) is not conducted by the creditor after debtor pay off all the debt, it certainly harms  the debtor since he/she as debtor is not able to use the fiduciary object to make new credit agreement with other parties. The present research aims to elaborate and examine further about the obligation of creditor in performing liability omission toward the fiduciary object when the debtor paying off all the debts. Moreover, the present study tries to elaborate further about accountability of creditor regarding negligence in performing liability omission toward fiduciary object that has been paid off.  The method used in the present study is a normative legal research, namely legal research which is conducted by examining the library materials or secondary law while in finding and collecting the data is done by two approaches, namely the law and conceptual approaches.  The present study shows that deletion record of fiduciary object based on paying off of debts by the debtor shall be performed by the creditor. When creditor neglects in performing this act within fourteen days (14) after the repayment of debt, it can be justified as infringement of law. Moreover, creditor shall responsible to pay all losses that is experienced by the debtor.


Afghanistan ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 282-301
Author(s):  
John Mock

In 1972, a brief article titled “Khandud, Village de la Vallée du Wakhan” appeared in Afghanistan 25. The subsequent decades of conflict precluded any follow-up research in Wakhan. The current article, based on field work from 2004 to 2016, examines the present condition of the sites described in 1972, offers a revised analysis of their significance, and introduces newly discovered rock art that connects Wakhan with the Saka culture of Central Asia and illustrates indigenous traditions of the Pamir-Hindukush ethnolinguistic region.


2020 ◽  
Vol 12 (2) ◽  
Author(s):  
Ely Sukmana

Effectiveness of Education and Training in Increasing Auditor Performance at the Lamongan Regency Inspectorate of East Java Province. This study aims to find out and analyze education and training to be the driving factors for improving the performance of auditors at the Inspectorate of Lamongan Regency, East Java Province. The researcher used a qualitative descriptive method with an inductive approach. The conclusion of this study is the effectiveness of education and training carried out through technical training programs held by the Lamongan District Inspectorate and the implementation of functional training and technical training outside which aims to improve the performance of the Lamongan District Inspectorate auditors, including being effective. This can be understood from the results of the overall study through interviewing the author with sources and direct observations. The indicators of effectiveness of auditor participation to carry out technical training carried out by the Inspectorate and functional training and technical training held outside of stating that, every implementation. Education and training can have a positive impact on the auditor of the Lamongan District Inspectorate in improving performance to carry out their duties and functions as internal government supervisors.


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